Chaffetz seeks to end NLRB's ability to sue states

Rep. Jason Chaffetz (R-Utah) and two other House Republicans introduced legislation last week that would end the ability of the National Labor Relations Board (NLRB) to sue states.

The bill is a reaction to the NLRB's decision to sue Arizona and South Dakota, both of which have passed laws requiring secret ballot unionization elections. The suit is designed to nullify those laws, which the NLRB says conflict with worker rights under the National Labor Relations Act (NLRA). The NLRB also threatened to sue Utah and South Carolina, but is hoping the action against two states would ultimately lead to the termination of the laws in Utah and South Carolina.

"H.R. 2118 ensures that states that choose to have pro-growth, right-to-work policies will not be intimidated and threatened by the NLRB," Chaffetz said. "Deciding whether or not a state action violates federal law should be made by the DOJ, not a board of union friendly, politically motivated appointees."

The bill would allow the NLRB to sue individuals and companies, but strikes it's authority to sue states on the grounds that a state action conflicts with the NLRA. Reps. Trey Gowdy (R-SC) and Joe Wilson (R-SC) are cosponsors of the bill.

Republicans are also up in arms about the NLRB's decision to sue Boeing over that company's 2009 decision to set up new production facilities in South Carolina, a right to work state. The NLRB alleges that this decision was meant to retaliate against striking workers in Washington state.